Quote:I think he'll be found innocent as well, but for argument's sake the standard of evidence is different.

 

For criminal conviction you have to be sure beyond a reasonable doubt. Sometimes referred to as 95% certain.

 

For these proceedings you go by the preponderance of evidence, or just do you think he did it. Think 51% of the evidence against him.

 

So basically it's very possible he could get kicked out of school on evidence that isn't sufficient for a criminal charge . . . but I doubt it happens.

 

You described something that would happen in civil court.  Not so sure thats the same thing with a college hearing, but FSU's website does not clearly state how they come to a conclusion.

 

<p style="color:rgb(0,0,0);font-family:Arial, Helvetica, sans-serif;font-size:12px;">"Upon conclusion of the hearing, the hearing body will make a determination of "responsible" or "not responsible" for each charge. If a decision of responsible is reached, the hearing body will craft a set of educational sanctions for the student to complete in order to fulfill the conduct process. These sanctions will be detailed in the decision letter along with a deadline for completion. If the deadline is not met, a judicial hold may be placed on a student's University records.

<p style="color:rgb(0,0,0);font-family:Arial, Helvetica, sans-serif;font-size:12px;">The student has 5 class days to pick up and sign for their decision letter in the Office of Student Rights and Responsibilities."

 

There is no way the FSU brass will do this....they know what rides on this. 

 

Also, here is how the hearing is run....doesn't give a ton of detail on how the conclusion is reached either. 

 



Hearings


Typically, students may choose both their hearing type and hearing body. The Student Conduct Code provides for two distinct types of hearings, informal and formal.

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Informal Hearings
Informal hearings are best suited for cases involving few questions of fact. They can typically be scheduled quickly, at the convenience of both the charged student and the hearing body. In an informal hearing, the University does not automatically call witnesses to support the charges. However, the charged student may call witnesses and present evidence.  The hearing body may gather any additional information needed, including calling witnesses. If additional information is needed, the charged student will be notified. 

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Formal Hearings
Formal hearings are most appropriate for cases involving more serious alleged violations of the Student Conduct Code. Formal hearings require the hearing body to call appropriate witnesses to provide information relevant to the charges. Formal hearings are held no sooner than five class days after notice is given to the charged student. The hearings are recorded and this recording serves as the official record of the proceedings.

The following order of presentation is recommended for use in formal hearings. The hearing body may change the order if necessary.

1. Presentation of formal charges.
   
2. Opening statement by the University, followed by the opening statement of the charged student.
   
3. Presentation of evidence and witnesses by the University, followed by questioning of those witnesses by the hearing body and the charged student. Witnesses are then dismissed.
   
4. Presentation of evidence and witnesses by the charged student, followed by questioning of those witnesses by the charged student and the hearing body. Witnesses are then dismissed.
   
5. Questions directed to the charged student by the hearing body.
   
6. Closing statement by the University, followed by the closing statement of the charged student.
   

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